Simply Tap™ Terms and Conditions
Simply Tap™ is a mobile and wireless commerce service provided by Mobile Money Network Limited ("We", "Us" and "Our") (click here for Our full company details and contact information). We provide a platform via which our selected retail partners ("Retailers") can provide You with products and services ("Retailer Service") and also sell products directly to you ("Direct Service"). The Retailer Service and the Direct Service are together described as the ("Services") in these terms and conditions ("Terms") (click here for a detailed description of the Services).
These Terms are a legally binding agreement between you and Us, setting out the terms on which We provide the Services. By accepting these Terms, you agree to abide by them. Where you are purchasing products from the Retailer Service, additional terms and conditions will apply.
Please read the Retailer's terms and conditions carefully as they contain important information about your rights.
- Your Use of the Services
- You are responsible for maintaining the confidentiality of your password, security answer and username and for all activities that are carried out under them. We will not be responsible for losses suffered by you where your password, security answer or username is used by someone else unless this is due to Our negligence. You agree to notify Us immediately by emailing email@example.com if you become aware of, or suspect any unauthorised use of, your password, security answer or username. For your security, please contact Us using the email address that is registered on your Simply Tap™ account.
- You confirm that all information and details provided by you to Us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your personal details at any time by accessing the 'My Account' option within the mobile application. If you are under 18, you may use the Services only with the consent and involvement of a parent or guardian.
- You agree that you will not use the Services for any unlawful purpose, in any way that interrupts, damages, impairs or renders the Services less efficient, or for any purpose other than your personal use.
- Your use of the Services grants you no rights in relation to Our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text) or the intellectual property of the Retailers. You may not reverse-engineer, decompile, disassemble or modify any of the software or technology making up the Services or intellectual property rights.
- Some content on the Services, for example the details, product warranties and prices of products and services available via the Retailer Service, is supplied by Retailers ("Retailer Content"). You acknowledge that We do not control, and are not responsible for, Retailer Content and that Our inclusion of such Retailer Content in the Services does not imply any endorsement of any product or Retailer.
- We have made every effort to display as accurately as possible the colours of the products. However, as marketing media vary, We cannot guarantee that display of any colour will be completely accurate.
- We will not be party to any transaction or agreement you enter into with a Retailer through the Retailer Service via Simply Tap™ or otherwise and will not be liable for the acceptance or rejection of an order by a Retailer, delivery of a product by a Retailer or the processing of any payments by a Retailer. You agree not to involve Us in any dispute you have with a Retailer.
- Save for the cost of purchasing a product and any delivery charges that may apply, the Services are provided free of charge to you. Your use of the Services may result in charges from your mobile operator.
- Using the Services
- When you first register to use the Services, We will send a verification email to the email address that you give Us. You must acknowledge receipt of this email by clicking on the link contained in the email within seven (7) days of receipt. These Terms will apply from notification on the app of the verification email being sent to the email address registered by you.
- You agree to access and use the Services from only one active account at any one time.
- To register for the Services, you must register a payment card of a card scheme supported by the Services that is issued in the UK and where the billing address associated to this payment card is in the UK. In accepting these terms and conditions you consent to an electronic identity check being performed with a licensed credit reference agency. A record of this search will be kept and will not be shared with any company conducting a credit search on you. You may view a record of this search on your consumer file upon application.
- We may update these Terms from time to time without notice to you. Any purchase you make from the date that the amended Terms are placed on Our website will be governed by these new Terms. Please check Our website regularly to observe any changes.
- We may suspend or terminate, at Our discretion, these Terms and suspend or close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time. We may also refuse access to the Services pending or during any investigation or where We are required to do so by law enforcement authorities or other third parties.
- You may cancel these Terms at any time by accessing the 'My Account' option within the mobile application, selecting the 'Close Account' link and successfully completing the requested information.
- Any termination of these Terms and closure of your account will not affect an order you have already placed with a Retailer or Us unless We notify you otherwise.
- Orders and delivery
- Prices shown are inclusive of VAT and any other applicable taxes and any applicable delivery charges will be shown before you complete your order. You can only use your registered payment card to purchase a product.
- Deliveries can only be made to nominated addresses in the UK. We do not deliver to the Channel Islands or the Isle of Man, but may do so in the near future. Please check Our website regularly to observe any changes
- Subject to whether you are buying products or services via the Retailer Service or Direct Service, You will be informed of who the manufacturer and/or seller of the product or service are before completing any order.
TERMS APPLICABLE TO THE RETAILER SERVICE
- Prices of products on the Retailer Service are provided directly by Retailers and whilst We try to ensure that all prices on the Retailer Service are accurate, errors may occur for which We are not responsible.
- Once you have placed your order for a product, you will receive an email from Us acknowledging receipt of payment. However, please note that this does not constitute acceptance of your order by the Retailer. We will then provide the Retailer with details of your order, including delivery address, contact information, payment method (and any other relevant transaction information required by them). You agree that as soon as you place an order using the Retailer Service, We will send these details to the Retailer and that We are unable to accept cancellation of that order. You agree to contact the Retailer directly to cancel the order should you wish to do so and that the Retailer's terms and conditions will apply. The Retailer will confirm acceptance of your order by sending an email to your registered address to confirm dispatch of the product.
- The contract for the purchase of a product using the Retailer Service is formed directly between you and the Retailer when you accept the Retailer's terms and conditions during the purchase process and is subject to the Retailer's acceptance. Please read the Retailer's terms and conditions carefully as they contain important information about your rights.
- The Retailer will take payment from your payment card and process your order in accordance with its terms and conditions. Orders are subject to delivery restrictions imposed by Retailers as stated. Products will be dispatched and delivered by the Retailer in accordance with the delivery method selected by you. After placing your order, please contact the Retailer directly in relation to delivery.
- We hope that you are happy with any purchase made via the Retailer Service but, if not, please consult the Retailer's terms and conditions in relation to your rights regarding cancellation, returns and refunds. Any refund of the purchase price or delivery charge will be made directly by the Retailer and not by Us.
TERMS APPLICABLE ONLY TO THE DIRECT SERVICE
- Once you have placed your order with Us on the Direct Service, you will receive an email from Us acknowledging receipt of payment. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a product and all orders made via the Direct Service are subject to acceptance by Us or by our Delivery Partner (as applicable). We or Our Delivery Partner will confirm such acceptance by sending an email to you confirming your order and the contract between you and Us or between you and Our Delivery Partner will only be formed when We or the Delivery Partner send you the confirmation. We or the Delivery Partner will subsequently send you an email confirming the dispatch of the product. If for any reason We or the Delivery Partner are unable to fulfil your order, including out of stock items, We or the Delivery Partner (as relevant) will inform you immediately by email and you will receive a refund to the payment card registered on your account. We aim to process refunds within three (3) working days after the product is received by Us or as determined by Our Delivery Partner's terms and conditions.
- Unless otherwise determined by Our Delivery Partner We aim to dispatch orders as quickly as possible. Based on the delivery option selected, your order should be received within five (5) working days. A signature may be required upon receipt of your order. However, please note that indicated delivery times are merely an estimate and not a guarantee, and as such, should not be relied upon. Unfortunately, deliveries may take longer during peak periods. If you have not received your order within seven (7) working days, please email our customer care team at firstname.lastname@example.org for assistance. Standard deliveries to Northern Ireland, the Highlands and Islands and AB postcodes will take longer to arrive. We aim to deliver within five (5) working days to Northern Ireland and seven (7) working days to the Highlands and Islands and AB postcodes. During busy periods, please allow up to seven (7) working days for deliveries to Northern Ireland and ten (10) working days for deliveries to the Highlands and Islands.
- Our selected delivery partners are listed on Our website and may be updated from time to time. An order made by you via the Direct Service may result in you having to enter into a contract with Our delivery partner and the products ordered via the Direct Service will be delivered by Our delivery partner ("Delivery Partner"). Please read the applicable Delivery Partner's terms and conditions carefully as they contain important information about your rights.
- If you are not available when a Delivery Partner first tries to deliver your order and the Delivery Partner cannot find a safe location to leave your order, they may leave a card indicating where the order can be collected from. Alternatively, the Delivery Partner may take the order to its warehouse and make two (2) further attempts to deliver the order over subsequent working days. Please follow any instructions on the delivery card left by the Delivery Partner to arrange redelivery of your order.
- You will become the owner of the product once payment has been made in full and the product is dispatched to you. Risk in the product will only pass to you on delivery which means that you will be responsible for taking reasonable care of all products in your possession following delivery.
- Under the Consumer Protection (Distance Selling) Regulations 2000 ("DSR"), you have a "cooling off" period to cancel an order made via the Direct Service. We allow you fourteen (14) days (beginning the day after receipt of the product) to cancel an order made via the Direct Service and receive a full refund, including delivery costs. Unfortunately, We cannot accept cancellation of: perishable products; financial services products; magazines; DVDs, CDs or other software where the seal is broken; or customised products. Please note: Our Delivery Partner's "cooling off" period to cancel an order made via the Direct Service may be different to Ours so please read carefully the Delivery Partner's terms and conditions.
- Unless your rights to cancel an order or return a product is governed by Our Delivery Partner's terms and conditions where you wish to cancel an order or return a product purchased via the Direct Service, you must request a Returns Merchandise Authorisation (RMA) number within fourteen (14) days of order receipt by emailing customer care at Support@simplytap.com. Please then return the unused item in its original condition within seven (7) days of receiving your RMA number for a refund. Charges may apply. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the product and will be liable for damage to the product until We receive it at Our warehouse. In case of dispute, We also recommend that you consider use of recorded delivery or some other form of trackable delivery in returning the products to Us. We aim to process all refunds within three (3) working days of product receipt. A "working day" is any day except a Saturday, Sunday or public holiday.
- You have a legal obligation to take reasonable care of the product while it is in your possession. Any products returned should be unused and with all packaging provided, including but without limitation any garment tags, dust covers, tags, cables, remote controls, manuals as may be supplied with the product. Products that are returned which are damaged, seals or shrink wrap not intact or soiled may not be accepted and sent back to you and/or a refund refused.
- In the interests of hygiene, we do not offer refunds on pierced jewellery, underwear or swimwear if the hygiene seal has been removed, or cosmetic products if they have been used or the hygiene seal is broken, unless they are of unsatisfactory quality or unfit for purpose.
- Subject always to the Delivery Partner's terms and conditions if there are defects in the products you have purchased via the Direct Service, We abide by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in products that We have supplied, including damage incurred in transit, please let Us know within seven (7) working days of product receipt by emailing email@example.com. Please return the product to Us at the address communicated to you in our correspondence or provided to you by our customer care within twenty-one (21) days of receipt.
- Products may be checked on return to verify the returned product complies with either Our Delivery Partner's or Our refunds policy. Any products proven to be non-defective may be returned to you, and an inspection fee and return delivery cost may be charged. We regret that We do not offer replacements on items and you will have to reorder the item in this instance.
- If any of your products develop a fault after the fourteen (14) days "cooling off" period, but within the manufacturer's warranty period, please contact the manufacturer directly to arrange a repair or replacement. In most cases, the manufacturer will arrange a collection and repair at no extra cost to yourself, but please do check this as it can vary. Unfortunately We are unable to return products to the manufacturer on your behalf. For this reason, We recommend that you return any faulty products to the manufacturer.
- We are only responsible for taking payment for products ordered via the Direct Service. Payments for products and services ordered via the Retailer Service will be taken by the Retailer and are subject to its terms and conditions.
- When paying for a product ordered via the Direct Service, payment will be taken from the payment card you supplied on registration (or, if you have updated your bank card details, the payment stored on your account).
- Payment for orders made via either Service will be taken from your bank card when the order is placed.
- Our Legal Obligations and Limits on our Liability
- We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.
- You have certain rights under the law. These include that We will provide the Services to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights. For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office.
- If We breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of £1,000 or the value of the order whichever is the lesser. Losses are foreseeable where they could be contemplated by you and Us at the time of entering into these Terms.
- We are not responsible for: (i) losses not caused by Our breach; (ii) failure to provide the Services or to meet any of Our obligations under these Terms where such failure is due to events beyond Our control; or (iii) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and Us at the time of entering into these Terms, for example loss of profits or loss of opportunity. In addition, when you order and pay for a product via the Retailer Service and accept the terms and conditions of the Retailer, We are not responsible for (i) delivery of the product; (ii) the quality of the product or whether it is fit for purpose; (iii) processing your payment; (iv) refunds; or (v) any other matter covered in your agreement with the Retailer and/or the Delivery Partner.
- If We need to notify you under these Terms, We will do so by email to the email address which you have given Us.
- We may wish to transfer Our rights or obligations or sub-contract Our obligations under these Terms to another other legal entity. You agree that We may do so provided that this will not adversely affect the standard of service you receive under these Terms. In the case of transfer only, after We notify you of the date on which We will transfer Our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against Us.
- These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
- If you breach these Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
- If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
- These Terms are not intended to give rights to anyone except you and Us. This does not affect Our right to transfer these Terms under clause 6.2.
- We will do Our best to resolve any disputes over these Terms. If you wish to take court proceedings against Us you must do so within the United Kingdom. If you live in England or Wales, the laws of England and Wales shall apply and if you live in Scotland, Scottish law shall apply.
- These terms and conditions were updated on 29th October 2012.
- The Services and these Terms are only available in the English language.